Exciting enhancements are coming soon to eCode360! Learn more 🡪
City of Pawtucket, RI
Providence County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Code
New Laws (0) Index
Any structure which shall be found by the Director to have any of the following defects shall be condemned as unfit for continued occupancy and shall be so designated and placarded by the Director:
A. 
One which according to the provisions of Articles VI and VII of this chapter is so lacking in sanitation, heating, lighting or ventilation facilities that it creates a serious hazard to the health or safety of the occupants or of the public.
B. 
One which according to the provisions of Article VI and VII of this chapter, and which because of its general condition, number of occupants or location, is so insanitary, overcrowded or otherwise dangerous or detrimental that it creates a serious hazard to the health or safety of the occupants or of the public.
C. 
One which according to the provisions of Articles VI and VII of this chapter is so decayed, damaged, dilapidated, insanitary, unsafe or infested that it creates a serious hazard to the health or safety of the occupants or of the public.
Whenever the Director determines that a structure is unfit for continued occupancy as provided herein, he or she shall include within the notice of violation provided for in § 288-14 of this chapter a statement of intent to condemn and placard the structure as unfit for continued occupancy and to require it to be vacated if the provisions of the notice of violation are not complied with. A copy of such notice of violation shall be served on the owner, operator and the occupant in the manner provided in § 288-14 of this chapter.
Whenever a notice of violation as provided for in § 288-26 of this chapter has not been complied with, the Director may include within the compliance order a finding to the effect that the structure is unfit for continued occupancy, and such finding shall be an order to vacate. Such compliance order shall be served upon the owner, operator and the occupant in the manner provided for in § 288-15 of this chapter and service shall be made at least 10 days prior to the effective date of the order to vacate. An appeal from such compliance order may be taken to the Board in the manner provided for in Article V of this chapter.
Any structure condemned as unfit for continued occupancy shall be so designated and placarded and shall be vacated with such reasonable time as the Director may specify in the compliance order.
No structure which has been condemned and placarded as unfit for continued occupancy shall again be occupied until written approval thereof and removal of the placard is secured from the Director.
No person shall deface or remove the placard from any structure which has been condemned as unfit for continued occupancy and placarded as such, except as provided in § 288-29 above.
A. 
Whenever any structure shall become vacant and open at a door and/or window, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers, such building shall be deemed to be dangerous and unsafe.
B. 
When a vacant structure becomes hazardous to the safety, health or welfare of the public by reason of inadequate maintenance, dilapidation, obsolescence or abandonment, such building shall be deemed to be dangerous and unsafe.
C. 
When a vacant structure has been damaged, vandalized or deteriorated to such an extent as to be unfit or unsuitable for occupancy, such building shall be deemed to be dangerous and unsafe.
D. 
When the whole or any part of any structure is deemed to be in a dangerous or unsafe condition, the Director shall issue a notice of the dangerous and unsafe conditions to the owner of record requiring the appearance of said owner of record at a hearing before said Director within 14 days to show cause why the structure should not be demolished or otherwise made safe. All notices shall be in writing in accordance with § 288-14.
E. 
When it is determined at the hearing that the structure should be demolished or otherwise made safe, the Director shall issue a compliance order to the effect that said structure must be demolished or otherwise made safe within a time not to exceed 90 days. Where no emergency exists, the owner may either consent in writing to rehabilitate the structure so that it complies in all respects with this chapter within six months and must provide, if required by the Director, a performance bond guaranteeing that the work will be done; or the owner may put the structure up for sale on terms, conditions and limitations which would provide for the rehabilitation of the structure thereon within a six-month period. The owner must further agree that if rehabilitation or sale does not occur within the six-month period, the Director may thereafter demolish the structure without further notice or proceedings. In either case, said structure shall be secured in accordance with Subsection H of this section.
F. 
Should the owner of record fail to appear at the hearing, the Director shall take action to demolish or otherwise make safe the structure as may be found to be necessary or warranted by the evidence in his or her file.
G. 
The Director of the Division of Zoning and Code Enforcement shall place a lien against the real property for the cost of demolition or otherwise making the building or structure safe in accordance with the provisions of § 288-36.
H. 
Any building which is boarded for any reason shall comply with the following specifications: all openings (including doors and windows) from cellar to second floor inclusive, and all windows above the second floor leading to fire escapes, porches or structural appurtenances on all floors must be covered from the exterior with one-half-inch-thick plywood secured with either 10d common nails or screws for a minimum length of 1 1/2 inches, placed 12 inches on center. All other windows must be secured from the exterior with either plywood or seven-eighths-inch matched boards.
A. 
Whenever the Director determines that a structure is unfit for continued occupancy as provided herein, and that the cost necessary to alleviate the violation is not reasonably related to the value of the structure, he or she shall include within the notice of violation provided for in § 288-14 of this chapter a statement of his or her intent to order the demolition of the structure; provided, however, that the owner at his or her discretion may repair, alter or improve the structure in order to alleviate the violation regardless of whether or not the cost is reasonably related to the value, or may demolish the structure at his or her own expense pursuant to the provisions of § 288-22 of this chapter; and further provided that the owner alleviate the violation within the time specified in the notice of violation.
B. 
A copy of such notice shall be served on the owner, occupant, lessee, mortgagee and all other persons having any interest in said structure as shown by the records of the Recorder of Deeds, in the manner provided for in § 288-14 of this chapter; provided, however, that in the event that any such person is not identified or located, service may be made upon him or her by publication in a newspaper of general circulation in the City once a week for two successive weeks.
C. 
For purposes of this subsection, any repair, alteration or improvement that is determined by the Director to cost more than 50% of the assessed valuation of the structure shall be deemed to be not reasonably related to the value of the structure.
Whenever a notice of violation as provided for in § 288-32 of this chapter has not been complied with, the Director may include within the compliance order a finding to the effect that the structure is unfit for continued occupancy, and such finding shall be an order to demolish the structure. Such compliance order shall be served upon the owner, occupant, lessee, mortgagee and all other persons having any interest in the structure, as shown by the records of the Recorder of Deeds, in the manner provided for in § 288-15 of this chapter; provided, however, that in the event that any such person is not identified or located, service may be made upon him or her by publication in a newspaper of general circulation in the City once a week for two successive weeks, and service shall be made at least three months prior to the effective date of the demolition provisions of the order. An appeal from such compliance order may be taken to the Board in the manner provided for in Article V of this chapter.
Whenever a compliance order to repair, alter or secure a structure found by the Director to be unfit for continued occupancy has not been complied with, the Director may, at the expense of the person responsible for alleviating the violation, take such direct action as is necessary to alleviate the violation, if the cost of such action is reasonably related to the value of structure. For the purpose of this subsection, any repair, alteration or securing that is determined by the Director to cost 50% or less of the assessed valuation of the structure shall be deemed to be reasonable. The power of the Director to repair or alter shall be limited to the alleviation of conditions which affect occupied structures.
Whenever a compliance order issued pursuant to the provisions of § 288-33 of this chapter and providing for the demolition of a dwelling has not been complied with and the cost of repair has been determined by the Director to be more than 50% of the assessed valuation of the structure, the Director may demolish the structure at the expense of the owner.
Whenever the owner fails to comply with an order to repair, alter or improve or to demolish a structure which has been determined to be unfit for continued occupancy, and the Director has taken direct action pursuant to the provisions of §§ 288-34 and 288-35, the costs incurred by him or her in such action shall be a lien against the real property, and such lien shall be enforced in the manner provided or authorized by law for the enforcement of common law liens on personal property. Such lien shall be recorded. If the structure is demolished by the Director, he or she may sell the materials of such structure, and the net cost of the demolition shall be charged to the owner, and if any balance remains, it shall be held for the owner or any other parties entitled thereto. In every case, the cost of direct action shall be the costs necessary to perform the required work as expeditiously as possible, together with a ten-percent service charge in addition thereto.